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Miller v. Tryon

United States District Court, Second Circuit

October 10, 2013

CALVIN CLIVE MILLER, A039-746-22, Petitioner,
v.
TODD TRYON, AFOD for Buffalo Federal Detention Facility; MICHAEL PHILIPS, Buffalo Field Director Office Director for Detention and Removal; and ERIC H. HOLDER, JR., Attorney General of the United States, Respondents.

INTRODUCTION

JOHN T. CURTIN, District Judge.

Petitioner Calvin Clive Miller, an alien in the custody of the United States Department of Homeland Security, Immigration and Customs Enforcement (collectively, "DHS"), has filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 seeking release from detention at the Buffalo Federal Detention Facility in Batavia, New York, pending the execution of a final immigration order of removal issued against him. Item 1. As directed by this court's order entered May 15, 2013 (Item 3), respondent[1] has submitted an answer and return (Item 5), along with an accompanying memorandum of law (Item 6), in opposition to the petition. For the reasons that follow, the petition is denied.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Petitioner, a native and citizen of Jamaica, was admitted to the United States at New York City on June 28, 1995, as a lawful permanent resident. See Item 5-1 (Declaration of DHS Deportation Officer Juanita Payan), ¶ 5. DHS records reflect that petitioner was convicted of the following criminal offenses while present in the United States:

1. On or about July 1, 1998, petitioner was convicted in Bronx County, New York, Criminal Court of Criminal Possession of Marijuana in the 5th Degree, and was granted a conditional discharge.
2. On or about July 30, 1998, petitioner was convicted in Bronx County Criminal Court of Criminal Possession of Marijuana in the 4th Degree, and was granted a conditional discharge.
3. On or about January 26, 1999, petitioner was convicted in Bronx County Criminal Court of Criminal Possession of a Controlled Substance in the 5th Degree: cocaine. For this offense, he was sentenced to time served.
4. On or about May 12, 1999, petitioner was convicted in Bronx County Criminal Court of Criminal Possession of a Controlled Substance in the 7th Degree: cocaine. For this offense, he was sentenced to time served.
5. On or about September 10, 1999, petitioner was convicted in New York State Supreme Court, New York County, of Criminal Sale of a Controlled Substance in the 3rd Degree. For this offense, he was sentenced to a term of incarceration of 2 to 6 years.
6. On or about June 11, 2000, petitioner was convicted in Bronx County Criminal Court of Criminal Sale of Marijuana in the 4th Degree, and was granted a conditional discharge.
7. On or about September 18, 2000, petitioner was convicted in New York State Supreme Court, Bronx County, of Criminal Sale of a Controlled Substance in the 3rd Degree. For this offense, he was sentenced to a term of incarceration of 2 to 6 years.
8. On or about September 19, 2000, petitioner was convicted in New York State Supreme Court, Bronx County, of Criminal Sale of a Controlled Substance, near school grounds, to wit: crack cocaine. For this offense, he was sentenced to a term of incarceration of 2 to 6 years.
9. On or about May 3, 2001, Miller was convicted in Bronx County Criminal Court of Menacing in the 2nd Degree (weapon) and Criminal Possession of a Weapon in the 4th Degree (firearm/weapon). For these offenses, he was sentenced to a term of incarceration of 1 year.
10. On or about November 21, 2001, Miller was convicted of the following offenses in New York State Supreme Court, Bronx County:
a. Criminal Possession of Stolen Property in the 5th Degree for which he was sentenced to a term ...

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